Workplace question regarding Sick Leave and Overtime.

Nem

Nem

Associate
Joined
2 Feb 2003
Posts
1,625
Location
Mansfield, Notts.
Just need some basic thoughts on this situation. Thankfully not one I'm in myself, but a colleague in another department is.

In this department they have a rule in place which basically states that:

If you are off sick, for any length of time, be it a day or a week or more, that you are then not allowed to do any overtime for the next 4 weeks.

Now overtime is not always offered, but is allowed due to demand and deadlines, but it's obviously up to the individual if they want to work any extra time.

Personally I see this as a punishment for having time off and can't really see how they can justify this. If I'd had say a week of sick and on my return to work or in the couple of weeks following they then were offering overtime, I would like to think I'd be able to to try and make up some money.

Thought on this then please? Is it even legal for them to do this? Can anyone see a just reason for this restriction?

Thanks

Nick
 
its to stop people thinking:

If i take a sickie today to do x, I can do overtime on y day to make up the money lost.
 
Seems harsh but if its the way the "company roll" then there is probably jack all you can do about it, especially if it is in your contract anywhere.

Contact CAB for the win tbh.
 
This way not be totally relevant.

My mother is the cleaning supervisor at a local school and if people are what they class as unreliable e.g. taking to much time off then they can stop them getting any overtime that becomes available.
 
sounds dodgy tbh, I can see where they are coming from but doesnt mean its right

Contact CAB
 
I can see the reason in restricting certain people from doing overtime due to them taking the mick with sick leave. But this is a general rule for a sub-division of 20 or so people.

I work in the IT department and this person works for a sub-division of the IT department, so I would have thought that any policy that the main IT department has then the sub-division would follow. I just can't see how they can have their own rules which are not part of the wider section. This is a a hospital so NHS employees by the way.

Nick
 
does that department have a poor sick record overall? I would imagine its been implemented for a reason.
 
I can see the reason in restricting certain people from doing overtime due to them taking the mick with sick leave. But this is a general rule for a sub-division of 20 or so people.

I work in the IT department and this person works for a sub-division of the IT department, so I would have thought that any policy that the main IT department has then the sub-division would follow. I just can't see how they can have their own rules which are not part of the wider section. This is a a hospital so NHS employees by the way.

Nick

You work for the NHS take it up with the union who will soon have it all straightened out for you or organise a walk out or something, just don't trip over all the HR girls on the way out.
 
You really need to speak to your AfC person in HR (assuming that the person in question is on AfC) and also get them to have a discussion with the local union rep about this 'rule'. Sounds to me more like a manager of that division has decided to implement something locally without the consent of the unions (they would never agree to something like this) and more than likely HR. Only reason i could ever see this happening is if the department in question has got a very long track record of sickness/absence coupled with a massive overtime bill, and even then it would be hard to push something through like this.
 
Well the person in question is looking for another job currently, as there are other things amiss not jut this issue. If they do leave a long explanation of why they are leaving will be submitted, so just wanted some basic info for now.

Thanks

Nick
 
As overtime isn't a right surely the company can put any restrictions on offering it they wish as long as they aren't discrimatory?
 
As overtime isn't a right surely the company can put any restrictions on offering it they wish as long as they aren't discrimatory?

To true but this is the NHS they have a union who would never stand for such things and would happily organise a walk out over something like this. It seems like a good idea to me and should probably be applauded as the NHS are not exactly well known for being frugal with the tax payers cash!
 
That could be viewed as discrimination depending on the sickness and the nature of it.

Only if they did it for specific illnesses that occurred to specific groups. As it is a blanket rule then I am not sure that it would fall under the various workplace discrimination acts.

To true but this is the NHS they have a union who would never stand for such things and would happily organise a walk out over something like this. It seems like a good idea to me and should probably be applauded as the NHS are not exactly well known for being frugal with the tax payers cash!

Ah, missed that bit. Yep talk to the union I am sure they can organise something to waste even more tax payer cash.
 
Only if they did it for specific illnesses that occurred to specific groups. As it is a blanket rule then I am not sure that it would fall under the various workplace discrimination acts.



Ah, missed that bit. Yep talk to the union I am sure they can organise something to waste even more tax payer cash.

If the absence was caused by a registered or accepted disability, yes it would be discriminatory.. ie Diabetic, IBS, heart condition etc.
 
Our company does the same, altough its only a week. I managed to get away with it this time though, as ive only ever had two sick days within a year and a half. It is dependant on business needs. So maybe have a word and see if they could help a bit.
 
Back
Top Bottom